‍Subpart H: Public Assistance Eligibility (§206.220 – §206.228)

Summary: Subpart H is the "Ineligibility Firewall," defining the narrow criteria that a project must meet to receive FEMA funding. It breaks eligibility into four interconnected tests: the Applicant must be eligible, the Facility must be eligible, the Work must be eligible, and the Cost must be eligible. This subpart explicitly excludes work that is the responsibility of another federal agency, such as the Army Corps of Engineers or the Federal Highway Administration. It defines "Emergency Protective Measures" (Category B) as actions taken to save lives or protect public health and safety. It also sets the "Minimum Damage" threshold, ensuring that FEMA only manages projects of a significant scale. For a Town Manager, this subpart is the "ruler" used to measure if a proposed project—like a reservoir levee—can be funded by FEMA. Subpart H ensures that FEMA remains the "funder of last resort," only stepping in when other resources are exhausted.

Subpart H provides the "Four Pillars of Eligibility": Eligible Applicant, Facility, Work, and Cost. It distinguishes between Emergency Work (Categories A-B) and Permanent Work (Categories C-G). For Grant Managers, this section is the primary defense against auditors claiming that a facility was not in active use or the work was "pre-existing maintenance."

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Call to Action: You must prove that the work is the "legal responsibility" of the municipality and was required as a "direct result" of the declared disaster. This section is essential because it prevents the use of FEMA funds for "pre-existing conditions" or "deferred maintenance." You must provide "Maintenance Records" and "Pre-Disaster Photos" to prove the damage wasn't there before the storm. Without this proof, FEMA will "carve out" the pre-existing damage, reducing your reimbursement. This section is the "Legal Test" that determines the financial viability of your entire recovery plan.

• Key Takeaways & Call to Action:

• Active Use Verification: Maintain records proving the facility was in active use and properly maintained at the time of the disaster.
• Category Distinction: Separate "Emergency Protective Measures" (life safety) from "Permanent Repairs" in your accounting codes to ensure correct reimbursement rates.
• Force Account Labor: Strictly document all internal labor hours, including fringe benefits, using FEMA-compliant activity logs.
• CTA: Conduct a "Pre-Existing Condition Audit" for all damaged facilities to ensure FEMA is only billed for disaster-related impacts.